McIntyre Jr. v. Kelly

Filing 26

Order Adopting Report and Recommendation 25 to deny 1 Petition for Writ of Habeas Corpus (2254), Order of Case Dismissal. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a Certificate of Appealability. 28 U.S.C. §2253(c); Fed. R. App. P. 22(b). Judge Christopher A. Boyko on 6/25/2014. (R,D)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

LEWIS LEROY MCINTYRE, JR.,
Petitioner,
-vsBENNIE KELLY, Warden,
Respondent.

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Case No. 5:13cv694

ORDER

Judge Christopher A. Boyko

On March 29, 2013, Petitioner filed a pro se Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2254 (Dkt. #1). The case was referred to Magistrate Judge
Greg White pursuant to Local Rule 72.2. On May 28, 2014, the Magistrate Judge
recommended that Petitioner’s application for habeas corpus be denied (Dkt. # 25).
FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation
must be filed within fourteen days after service, but Petitioner has failed to timely file any
such objections. Therefore, the Court must assume that Petitioner is satisfied with the
Magistrate Judge’s recommendation. Any further review by this Court would be a
duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn,

728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health
and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d
947 (6th Cir.1981).
Therefore, Magistrate Judge White’s Report and Recommendation is ADOPTED
and Petitioner’s Writ of Habeas Corpus (Dkt.#1) is DENIED.
Furthermore, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an
appeal from this decision could not be taken in good faith, and that there is no basis
upon which to issue a Certificate of Appealability. 28 U.S.C. §2253(c); Fed. R. App. P.
22(b).
IT IS SO ORDERED.
Dated: 6/25/2014

S/Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE